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Senate Study Bill 283

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  514C.11  PROVIDER ACCESS UNDER
  1  2 MANAGED CARE HEALTH PLAN OR INDEMNITY PLAN WITH LIMITED
  1  3 PROVIDER NETWORK.
  1  4    1.  a.  Notwithstanding section 514C.6, a managed care
  1  5 health plan or indemnity plan with a limited provider network
  1  6 shall provide patients direct access to each type of provider
  1  7 that has authority under Title IV,subtitle 3, to utilize
  1  8 differential diagnosis and physical examinations to determine
  1  9 human ailments and shall not condition that access upon a
  1 10 referral by a provider licensed under another chapter.  In
  1 11 addition, a managed care health plan or indemnity plan with a
  1 12 limited provider network shall accept as a provider in the
  1 13 network any provider licensed under Title IV, subtitle 3, who
  1 14 satisfies both of the following:
  1 15    (1)  Agrees to the conditions of the provider contract
  1 16 required by the managed care health plan or indemnity plan.
  1 17    (2)  Meets the credentialing standards established by the
  1 18 managed care health plan or indemnity plan.
  1 19    b.  Any conditions or standards established by a managed
  1 20 care health plan or indemnity plan for a provider shall not
  1 21 discriminate against providers on the basis of the license
  1 22 held under Title IV, subtitle 3.  A referral to a specialist
  1 23 may be conditioned upon a referral by a primary care provider
  1 24 licensed under the same chapter or as provided pursuant to the
  1 25 standards and conditions of the managed care health plan or
  1 26 indemnity plan.
  1 27    2.  A plan may discriminate with respect to premium
  1 28 structures, including copayments, deductibles, or premium
  1 29 rates, or with respect to access to specialists or
  1 30 nonparticipating providers on any rational basis, provided
  1 31 that such discrimination shall not be upon the basis of the
  1 32 license held by the provider.
  1 33    3.  Each managed care health plan or indemnity plan with a
  1 34 limited provider network shall provide written documentation
  1 35 to the department of public health or the insurance division,
  2  1 as appropriate, showing that the managed care health plan or
  2  2 indemnity plan serves the needs of the population within the
  2  3 service area of such plan, and showing that the plan does not
  2  4 discriminate against any type of provider upon the basis of
  2  5 the license held by such providers.
  2  6    4.  For purposes of this section, "managed care health plan
  2  7 or indemnity plan with a limited provider network" means a
  2  8 health maintenance organization, organized delivery system,
  2  9 integrated delivery system, preferred provider organization,
  2 10 exclusive provider organization, point of service plan,
  2 11 standard indemnity insurance plan or any similar plan
  2 12 providing for health care services.
  2 13    5.  This section shall not apply if an employer offers
  2 14 employees a choice of health care plans which satisfy both of
  2 15 the following:
  2 16    a.  The offered choices include at least one indemnity plan
  2 17 with an unrestricted choice of providers or at least one
  2 18 managed care health plan or indemnity plan with a limited
  2 19 provider network which provides access defined in this
  2 20 section.
  2 21    b.  The cost of the different plans offered shall not
  2 22 discriminate on the basis of the license held by a
  2 23 participating provider who has authority under Title IV,
  2 24 subtitle 3, to utilize differential diagnosis and physical
  2 25 examination to determine human ailments.  
  2 26                           EXPLANATION
  2 27    This bill creates a new section 514C.11 which provides that
  2 28 a managed care health plan or indemnity plan with a limited
  2 29 provider network is to provide patients with direct access to
  2 30 health care providers who are authorized under Title IV,
  2 31 subtitle 3, of the Iowa Code to utilize differential diagnosis
  2 32 and physical examinations to determine human ailments.  Access
  2 33 provided under the section is not to be conditioned upon a
  2 34 referral by a provider licensed under a different chapter.
  2 35 The bill provides that a plan may discriminate with respect to
  3  1 premium structures, including copayments, deductibles, or
  3  2 premium rates, or with respect to access to specialists or
  3  3 nonparticipating providers on any rational basis, provided
  3  4 that such discrimination shall not be upon the basis of the
  3  5 license held by the provider.
  3  6    The bill provides that each managed care health plan or
  3  7 indemnity plan shall provide written documentation to the
  3  8 department of public health or insurance division, as
  3  9 appropriate, showing that the managed care health plan or
  3 10 indemnity plan serves the needs of the population within the
  3 11 service area of such plan, and showing that the plan does not
  3 12 discriminate against any type of provider upon the basis of
  3 13 the license held by such providers.
  3 14    The bill defines a managed care health plan or indemnity
  3 15 plan with a limited provider network as a health maintenance
  3 16 organization, organized delivery system, integrated delivery
  3 17 system, preferred provider organization, exclusive provider
  3 18 organization, point of service plan, standard indemnity
  3 19 insurance plan, or similar health plan.
  3 20    The bill also provides that the requirement to provide
  3 21 access does not apply if an employer offers employees a choice
  3 22 of health plans and one of the plans offered includes
  3 23 unrestricted choice of provider, or one with a limited
  3 24 provider network which provides access as provided in section
  3 25 514C.11, and the cost of the different plans offered does not
  3 26 discriminate on the basis of the license held by a
  3 27 participating provider.  
  3 28 LSB 2293SC 76
  3 29 mj/jw/5
     

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